FTC Proposes to Rescind Nursery Guides

The Federal Trade Commission announced that it is proposing to rescind its "Guides for the Nursery Industry" (the "Nursery Guides"). The Nursery Guides provide guidance on the marketing for outdoor plants, including representations regarding quantity, size, grade, kind, species, age, maturity, condition, price, origin, and other factors. The Nursery Guides were last updated in 2007.

The FTC said that it is proposing to rescind the Nursery Guides because "they no longer appear necessary, and thus serve little purpose to industry or consumers."

The FTC noted that the practices addressed in the Nursery Guides do not seem to be prevalent in the nursery industry. The FTC said that current complaints about plant-related sales focus on plants that arrived dead, incomplete orders, and refund problems.

The FTC also indicated that it did not believe that the Nursery Guides were widely used by industry members.

Finally, the FTC said that it is "unaware of any unique, pervasive consumer protection issues currently associated with the advertising or labeling of outdoor plants."

The FTC is seeking public comment on its proposal to rescind the Nursery Guides. Comments must be received by November 5, 2018. This action is part of the FTC's systematic review of all of its rules and guides.